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CONSTITUTIONAL DECISION RULES.

Authors :
Berman, Mitchell N.
Source :
Virginia Law Review. Mar2004, Vol. 90 Issue 1, p1-168. 168p.
Publication Year :
2004

Abstract

For generations, American constitutional theorists and judges have struggled with problems of constitutional interpretation, exploring how meaning is properly derived from the Constitution and, in so far as the answer may be different, how courts ought to derive such meaning. Recent years, however, have seen an upsurge in scholarship addressed to a related but distinct subject. Without entirely abandoning debates over constitutional interpretation, constitutional theorists have started increasingly to wonder about those judicial outputs that feature in the enterprise of constitutional adjudication and yet are something other than a court's determination as to what any given provision of the Constitution means. Theorists have turned their attention from constitutional meaning to what they may call, at least on a first pass, constitutional doctrine.

Details

Language :
English
ISSN :
00426601
Volume :
90
Issue :
1
Database :
Academic Search Index
Journal :
Virginia Law Review
Publication Type :
Academic Journal
Accession number :
12851207
Full Text :
https://doi.org/10.2307/3202427